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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 4 — Extra-territoriality

61

 

38         

An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

39         

An offence under section 8(8) of the Public Processions (Northern Ireland)

Act 1998 (inciting commission of offences under section 8(7) of that Act).

40         

An offence under section 9A(8) of that Act (inciting commission of offences

5

under section 9A of that Act).

Terrorism Act 2000 (c. 11)

41         

An offence under section 60 of the Terrorism Act 2000 (inciting in Northern

Ireland the commission of acts of terrorism outside the United Kingdom).

Part 5

10

Other offences: Northern Ireland

42         

An offence of conspiracy falling within Article 13(2) or (3) of the Criminal

Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120

(N.I.13)) (forms of conspiracy not affected by abolition of offence of

conspiracy at common law).

15

Schedule 4

Section 49(2)

 

Extra-territoriality

1     (1)  

This paragraph applies if—

(a)   

any relevant behaviour of D’s takes place wholly or partly in

England or Wales;

20

(b)   

D knows or believes that what he anticipates might take place wholly

or partly in a place outside England and Wales; and

(c)   

either—

(i)   

the anticipated offence is one that would be triable under the

law of England and Wales if it were committed in that place;

25

or

(ii)   

if there are relevant conditions, it would be so triable if it

were committed there by a person who satisfies the

conditions.

      (2)  

“Relevant condition” means a condition that—

30

(a)   

determines (wholly or in part) whether an offence committed

outside England and Wales is nonetheless triable under the law of

England and Wales; and

(b)   

relates to the citizenship, nationality or residence of the person who

commits it.

35

2     (1)  

This paragraph applies if—

(a)   

paragraph 1 does not apply;

(b)   

any relevant behaviour of D’s takes place wholly or partly in

England or Wales;

 

 

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law

62

 

(c)   

D knows or believes that what he anticipates might take place wholly

or partly in a place outside England and Wales; and

(d)   

what D anticipates would amount to an offence under the law in

force in that place.

      (2)  

The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless,

5

not later than rules of court may provide, the defence serve on the

prosecution a notice—

(a)   

stating that on the facts as alleged the condition is not in their opinion

satisfied;

(b)   

showing their grounds for that opinion; and

10

(c)   

requiring the prosecution to show that it is satisfied.

      (3)  

The court, if it thinks fit, may permit the defence to require the prosecution

to show that the condition is satisfied without prior service of a notice under

sub-paragraph (2).

      (4)  

In the Crown Court, the question whether the condition is satisfied is to be

15

decided by the judge alone.

      (5)  

An act punishable under the law in force in any place outside England and

Wales constitutes an offence under that law for the purposes of this

paragraph, however it is described in that law.

3     (1)  

This paragraph applies if—

20

(a)   

any relevant behaviour of D’s takes place wholly outside England

and Wales;

(b)   

D knows or believes that what he anticipates might take place wholly

or partly in a place outside England and Wales; and

(c)   

D could be tried under the law of England and Wales if he committed

25

the anticipated offence in that place.

      (2)  

For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to

commit the anticipated offence.

4          

In relation to an offence under section 43, a reference in this Schedule to the

anticipated offence is to be read as a reference to any of the offences specified

30

in the indictment.

Schedule 5

Section 56

 

Amendments relating to service law

Criminal Justice Act 1982 (c. 48)

1          

In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in

35

subsection (2A) for “incitement” substitute “encouragement and assistance”.

Sexual Offences (Amendment) Act 1992 (c. 34)

2          

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation),

in subsection (1A) for “incitement” substitute “encouragement and

assistance”.

40

 

 

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law

63

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

3          

In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000

(offences under service law), in subsection (3) for “incitement” substitute

“encouragement and assistance”.

Sexual Offences Act 2003 (c. 42)

5

4     (1)  

The Sexual Offences Act 2003 is amended as follows.

      (2)  

In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in

sub-paragraph (3) for “incitement” substitute “encouragement and

assistance”.

      (3)  

In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in

10

sub-paragraph (2) for “incitement” substitute “encouragement and

assistance”.

Criminal Justice Act 2003 (c. 44)

5          

In section 233 of the Criminal Justice Act 2003 (offences under service law),

in subsection (2) for “incitement” substitute “encouragement and

15

assistance”.

Gambling Act 2005 (c. 19)

6          

In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in

paragraph 22A for “incitement” substitute “encouragement and assistance”.

Armed Forces Act 2006 (c. 52)

20

7          

The Armed Forces Act 2006 is amended as follows.

8          

In section 39 (attempts), in subsection (4)(b) for “inciting another person to

commit” substitute “encouraging or assisting the commission of”.

9          

For section 40 (incitement) substitute—

“40     

Encouraging and assisting

25

(1)   

A person subject to service law commits an offence if he encourages

or assists the commission of a service offence (other than an offence

under section 42).

(2)   

A civilian subject to service discipline commits an offence if he

encourages or assists the commission of an offence mentioned in

30

section 39(4).

(3)   

Reference in this section to encouraging or assisting the commission

of an offence is to the doing of an act that would have constituted an

offence under Part 2 of the Serious Crime Act 2007 if the offence

encouraged or assisted had been an offence under the law of England

35

and Wales.

(4)   

In determining whether an act would have constituted an offence

under that Part, section 46(4) of that Act has effect as if for “offences

under this Part and listed offences” it read “offences under sections

39 and 40 of the Armed Forces Act 2006”.

40

 

 

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law

64

 

(5)   

Any requirement in that Part to specify matters in an indictment

applies for the purposes of this section as it applies for the purposes

of that Part, but with references to the indictment being read as

references to the charge sheet.

(6)   

A person guilty of an offence under this section is liable to the same

5

punishment as he would be liable to if guilty of—

(a)   

the service offence encouraged or assisted; or

(b)   

if convicted of the offence under this section by reference to

more than one such service offence, any one of those service

offences.”

10

10         

Accordingly, in the heading immediately before section 39 for “incitement”

substitute “encouragement and assistance”.

11         

For section 46 (inciting criminal conduct) substitute—

“46     

Encouraging or assisting criminal conduct

(1)   

Subsection (2) applies if a person subject to service law, or a civilian

15

subject to service discipline, encourages or assists the doing of an act

(or one or more of a number of acts) that, if done in England or Wales,

would be punishable by the law of England and Wales.

(2)   

Regardless of where that act (or those acts) might be done and of his

state of mind with respect to that question, his encouragement or

20

assistance shall be treated for the purposes of section 42(1) as an act

that is punishable by the law of England and Wales (so far as it is not

such an act in any event).

(3)   

Reference in this section to encouraging or assisting is to an act that

would constitute an offence under Part 2 of the Serious Crime Act

25

2007 disregarding any provision in that Part about the place where

the act (or acts) being encouraged or assisted might be done or the

accused’s state of mind with respect to that question.”

12         

In section 48 (provision supplementary to sections 43 to 47), in subsection

(1)(a) for “incitement” substitute “encouragement or assistance”.

30

13         

In Schedule 2 (list of serious offences)—

(a)   

in paragraph 11 for “inciting another person to commit” substitute

“encouraging or assisting the commission of”;

(b)   

in paragraph 13 for “of incitement to commit” substitute “under Part

2 of the Serious Crime Act 2007 of encouraging or assisting the

35

commission of”.

 

 

 
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